If i have a chapter 7 bankruptcy dismissed for paperwork errors when can i file again?

Asked about 1 year ago - Madera, CA

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If i were to file chapter 7 without a lawyer...yes i know its very complicated, and for some reason there was an error on my paperwork, how long must I wait before i file again?

Thank You.

Attorney answers (3)

  1. Pro

    Contributor Level 19

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    Answered May 12, 2012 13:38. No waiting period as long as the court order dismissing your case did not impose one. But, be aware that you will need to also file a motion to extend the automatic stay and have it heard within 30 days of filing or there will not be one. And if you screw it up and get dismissed again, there will be no automatic stay at all, so you should really have an attorney to assist you in this so you can get it done right.

  2. Pro

    Contributor Level 20

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    Answered May 12, 2012 17:12. You don't have to wait to file again, but if you need protection from your creditor to stop a repo or a foreclosure, there will be some additional paperwork for you to do to extend the protection beyond 30 days. Since you have already decided to jump off the cliff while knowing this is complicated, I am not going to waste my time explaining the gamble you are taking. You have to live with the consequences.

    Hope this perspective helps!

  3. Pro

    Contributor Level 14

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    Answered May 13, 2012 07:35. I agree with the other attorneys, but why not try to reinstate your case? It would prevent any issues with the automatic stay and you would not have to pay the filing fee or get it waived (whichever the case may be).

    I don't know how long ago it was dismissed but I try to reinstate when possible.

    Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is... more

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